DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2016/1333)

VISY LOGISTICS PTY LTD QUEENSLAND METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER LEE	MELBOURNE, 29 JUNE 2016

Application for approval of the Visy Logistics Pty Ltd Queensland Metropolitan Drivers and Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Ltd Queensland Metropolitan Drivers and Warehouse Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2016. The nominal expiry date of the Agreement is 1 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Visy Logistics Pty Ltd applied for approval of the Visy Logistics Pty Ltd Queensland Metropolitan Drivers and Warehouse Enterprise Agreement 2015. The application was heard by the Fair Work Commission. The dispute involved the terms and conditions of employment for drivers and warehouse workers employed by Visy Logistics in metropolitan Queensland.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Key points of contention included the fairness of the agreement, its compliance with the 'better off overall test', and whether it contained provisions that were contrary to public policy.

The Commission considered the submissions from both parties and examined the agreement in detail. It found that the agreement was fair and did meet the better off overall test. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement provided for a reasonable balance of benefits and detriments for the employees, and it approved the enterprise agreement.

As a result of the Commission's decision, the Visy Logistics Pty Ltd Queensland Metropolitan Drivers and Warehouse Enterprise Agreement 2015 was approved. The terms and conditions set out in the agreement now apply to the relevant employees, and the agreement will be registered with the Fair Work Commission.

Visy Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established